In Re: Donny L. Bretz--Appeal from of County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

IN RE: DONNY L. BRETZ

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No. 08-02-00538-CR

AN ORIGINAL PROCEEDING IN

MANDAMUS

OPINION ON PETITION FOR WRIT OF MANDAMUS

Relator Donny L. Bretz seeks a writ of mandamus compelling the trial court to appoint him an attorney to assist with the filing of a motion for forensic DNA testing. See Tex. Code Crim. Proc. Ann. art. 64.01(c) (Vernon Supp. 2003). Bretz claims that he filed a motion requesting counsel and that the trial court denied the motion without conducting a hearing. Bretz has not, however, provided this Court with a certified or sworn copy of the trial court=s order denying the motion. See Tex. R. App. P. 52.3(j)(1)(A). Accordingly, the petition for writ of mandamus is denied without prejudice. This denial does not constitute a ruling on the merits of Bretz=s complaint.

January 30, 2003

RICHARD BARAJAS, Chief Justice

Before Panel No. 4

Barajas, C.J., Larsen, and McClure, JJ.

(Do not publish)